Viewpoint discrimination

/ˈvjuˌpɔɪnt dɪˌskrɪməˈneɪʃən/ noun phrase

Definition

Government regulation that restricts speech based on the specific perspective or opinion expressed within a subject matter, rather than the subject matter itself. It is the most suspect form of content-based regulation and subject to strict scrutiny.

Etymology

From Old French 'veue' (sight) plus 'point' and Latin 'discriminare' (to separate, distinguish). The legal concept developed in late 20th-century First Amendment jurisprudence as courts refined content-based analysis, recognizing that discriminating between different perspectives on the same topic is especially problematic.

Kelly Says

Viewpoint discrimination is the constitutional equivalent of picking sides in a debate—the government can't say 'you can discuss abortion, but only if you're pro-choice!' This doctrine protects the marketplace of ideas by ensuring that when government opens a forum for discussion, it can't tilt the playing field toward preferred viewpoints, even on controversial topics.

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